Gauhati High Court
Gosa Boro vs The State Of Assam And Anr on 21 March, 2022
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GAHC010105152021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/359/2021
GOSA BORO
SRI GARGA BORO,
R/O- VILLAGE BARALIAPAR, JHARKANA, BAKSA(BTAD),
P.O.- TAMULPUR,
P.S.- TAMULPUR, DIST- BAKSA(BTAD), ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP, ASSAM.
2:LAUTHA BORO
S/O- LATE BABU BORO
R/O- VILLAGE BARALIAPAR
JHARKANA
BAKSA(BTAD)
P.O.- TAMULPUR
P.S.- TAMULPUR
DIST- BAKSA(BTAD)
ASSAM
Advocate for the Petitioner : MR. B NATH
Advocate for the Respondent : PP, ASSAM
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Linked Case : Crl.A./148/2021
GOSA BORO
S/O- SRI GARGA BORO
R/O- VILLAGE BARALIAPAR
JHARKANA
BAKSA(BTAD)
P.O.- TAMULPUR
P.S.- TAMULPUR
DIST- BAKSA(BTAD)
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP
ASSAM.
2:LAUTHA BORO
S/O- LATE BABU BORO
R/O- VILLAGE BARALIAPAR
JHARKANA
BAKSA(BTAD)
P.O.- TAMULPUR
P.S.- TAMULPUR
DIST- BAKSA(BTAD)
ASSAM.
------------
Advocate for : MR. B NATH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 21-03-2022
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Suman Shyam, J
Heard Mr. B. Nath, learned counsel for the applicant. Also heard Ms. B. Bhuyan,
learned Addl. P.P. Assam appearing for the State.
The applicant herein was convicted under Section 302 of the IPC and sentenced to
inter alia undergo rigorous imprisonment for life by the judgment dated 17-07-2019
passed by the learned Sessions Judge, Baksa at Mushalpur in connection with Sessions
Case No. 250/2018 (old Case No. 7/2009). Since then, he is in jail. This I.A. has been
filed under Section 389 Cr.P.C. with a prayer to suspend the jail sentence and to allow the
applicant to go on bail.
The prosecution case is based on circumstantial evidence.
By referring to the materials available on record, Mr. Nath has argued that the
conviction of the applicant is solely based on the last seen together circumstances, which
has also not been properly established by the prosecution. Save and except the above,
there is no evidence to prove the charge brought against the accused/ applicant. On the
contrary, the co-accused has been acquitted by the learned Sessions Judge based on the
same set of evidence. Under the circumstances, present is a fit case where the applicant
deserves to the released on bail.
By referring to the written objection filed by the State, Ms. B. Bhuyan, learned
Addl. P.P. Assam has argued that the conviction of the applicant is based on the last seen
together theory, since it was the applicant who was one of the persons who had called
the victim from his home before the incident. The learned Addl. P.P. Assam has, however,
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submitted in her usual fairness that there is no other evidence to implicate the applicant
with the commission of murder of the deceased.
We have considered the submissions of learned counsel for both parties and have
gone through the materials available on record. On perusal of the impugned judgment,
we find that the conviction of the applicant is prima facie based on the testimony of PW-6
who had seen the applicant call the victim from his house along with the co-accused
persons. Save and except the above, it appears that there is no other evidence to convict
the applicant.
Law is well settled that the last seen together circumstances is a weak piece of
evidence that can at best be an additional link in the chain of circumstances to establish
the charge brought against the accused. The prosecution is duty bound to prove and
establish every link in the chain of circumstances so as to prove the charge in a case
based on circumstantial evidence.
Having gone through the materials available on record, we are of the prima facie
opinion that the applicant has succeeded in making out a case for allowing him to go on
bail. As such, we direct that the applicant, viz. Sri Gosa Boro be released on bail on
furnishing bond of Rs. 20,000/- and one local surety of like amount to the satisfaction of
the learned Sessions Judge, Baksa at Mushalpur.
The applicant shall, however, not leave the jurisdiction of the learned Sessions
Judge, Baksa at Mushalpur without prior permission and shall appear as and when called
for by the learned court below. It would, however, be open for the learned Sessions
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Judge, Baska at Mushalpur to impose further condition(s) upon the applicant for his
release on bail.
We make it clear that the observation made hereinabove are tentative in nature
and is meant only for the purpose of disposing of this I.A.
With the above observations, this I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
